At page 602 Determining aggregation of punitive damages for jurisdictional amount13 citing cases“ordinarily the punitive damage claims of multiple plaintiffs may not be aggregated for purposes of determining jurisdictional amount.”
- Harris v. Physicians Mut. Ins., 240 F. Supp. 2d 715 (N.D. Ohio 2003).published The Fifth Circuit in 1998 limited Allen in Ard, 138 F.3d at 602, and two years later, the Fifth Circuit held that punitive damages should not be aggregated.
- Johnson v. Directv, Inc., 63 F. Supp. 2d 768 (S.D. Tex. 1999).publishedHowever, one year after this Court’s Acosta decision, the Fifth Circuit revisited the issue of aggregation of punitive damages, and confined the Allen exception to *771 cases brought under Mississippi law. is therefore clear to us that All…
- Cohen v. Off. Depot, Inc., 184 F.3d 1292 (11th Cir. 1999).published Because the same state law governed punitive damages in each case, there can be no difference between the two cases insofar as the "common and undivided interest" analysis is concerned.5 5 Compare Allen v. R & H Oil & Gas Co., 63 F.3d 1326…
- ABS Ins., Ltd. v. Nat'l Union Fire Ins. Co., 51 F. Supp. 2d 762 (E.D. Tex. 1999).publishedIndeed, the Fifth Circuit recently noted “[t]wo panels in our own circuit took different approaches to deciding whether to aggregate punitive damages and reached different results.” Ard v. Transcontinental Gas Pipe Line Corp., 138 F.3d 596…
- Glover v. Midland Mortg. Co. of Oklahoma, 228 B.R. 293 (N.D. Ala. 1998).publishedIn Ard v. Transcontinental Gas Pipe Line Corp., 138 F.3d 596, 602 (5th Cir.1998), the Fifth Circuit Court of Appeals limited Allen to class actions arising under Mississippi law, holding that "ordinarily the punitive damage claims of multi…
- Peterson v. BASF Corp., 12 F. Supp. 2d 964 (D. Minn. 1998).publishedSee, Borgeson v. Archer-Daniels Midland Co., supra at— (distinguishing Allen with respect to claim for treble damages under California law); cf., Ard v. Transcontinental Gas Pipe Line Corp., 138 F.3d 596, 602 (5th Cir.l998)(describing Alle…
- H&D Tire & Auto.-Hardware, Inc. v. Pitney Bowes Inc., 250 F.3d 302 (5th Cir. 2000).publishedSee Ard v. Transcontinental Gas Pipe Line Corp., 138 F.3d 596, 602 (5th Cir. 1998). 6 See also Cohen v. Office Depot, Inc., 204 F.3d 1069, 1073-77 (11th Cir. 2000) (holding that Tapscott v. MS Dealer Service Corp., 77 F.3d 1353 (11th Cir.…
- H&D Tire & Auto.-Hardware, Inc. v. Pitney Bowes Inc., 227 F.3d 326 (5th Cir. 2000).publishedSee Ard v. Transcontinental Gas Pipe Line Corp., 138 F.3d 596, 602 (5th Cir.1998). 6 See also Cohen v. Office Depot, Inc., 204 F.3d 1069, 1073-77 (11th Cir.2000) (holding that Tapscott v. MS Dealer Service Corp., 77 F.3d 1353 (11th Cir.199…
- Cheryl Cohen v. Off. Depot, Inc., 204 F.3d 1069 (11th Cir. 2000).published See Ard, 138 F.3d at 601 (construing Lindsey to "appl[y] Snyder's reasoning that compensatory damage claims cannot be aggregated for jurisdictional purposes to the context of punitive damage claims”); see supra at note 5. 7 .
- Bridges v. Freese, 122 F. Supp. 3d 538 (S.D. Miss. 2015).published(stating, "It is therefore clear' to us that Allen departs from Lindsey solely because of the peculiar nature of punitive damages under Mississippi law, and does not purport to establish a precedent for aggregation of pu…)
Show 2 more citing cases
- Volentine v. Bechtel Inc, No. 98-41588 (5th Cir. Feb. 11, 2000).unpublished(no aggregation under Louisiana law)
- Bryceland v. AT & T CORP., 122 F. Supp. 2d 703 (N.D. Tex. 2000).published
At page 601 Aggregating compensatory and punitive damages for jurisdiction12 citing casesLindsey therefore applies Snyder’s reasoning that compensatory damage claims cannot be aggregated for jurisdictional purposes to the context of punitive damage claims.
- Chester Smith v. GTE Corp., 236 F.3d 1292 (11th Cir. 2001).published (Lindsey therefore applies Snyder’s reasoning that compensatory damage claims cannot be aggregated for jurisdictional purposes to the context of punitive damage claims.)
- Kurt Crawford v. F. Hoffmann-La Roche, 267 F.3d 760 (8th Cir. 2001).published Corp., 77 F.3d 1353 (11th Cir.1996) was not a valid precedent); Ard, 138 F.3d at 601-02 (refusing to apply Allen v. R & H Oil & Gas Co., 63 F.3d 1326 (5th Cir.1995) outside the context of Mississippi state law).
- Cohen v. Off. Depot, Inc., 184 F.3d 1292 (11th Cir. 1999).published Because the same state law governed punitive damages in each case, there can be no difference between the two cases insofar as the "common and undivided interest" analysis is concerned.5 5 Compare Allen v. R & H Oil & Gas Co., 63 F.3d 1326…
- ABS Ins., Ltd. v. Nat'l Union Fire Ins. Co., 51 F. Supp. 2d 762 (E.D. Tex. 1999).published“[t]wo panels in our own circuit took different approaches to deciding whether to aggregate punitive damages and reached different results”
- Williams v. Potomac Elec. Power Co., 115 F. Supp. 2d 561 (D. Md. 2000).publishedSee Ard v. Transcontinental Gas Pipe Line Corp., 138 F.3d 596, 601 (5th Cir.1998); Green v. H & R Block, Inc., 981 F.Supp. 951, 953-55 (D.Md.1997).
- Cheryl Cohen v. Off. Depot, Inc., 204 F.3d 1069 (11th Cir. 2000).published (construing Lindsey to "appl[y] Snyder's reasoning that compensatory damage claims cannot be aggregated for jurisdictional purposes to the context of punitive damage claims)
- Gibson v. Chrysler Corp., 261 F.3d 927 (9th Cir. 2001).published(refusing to aggregate punitive damages based on limited holding of Allen)
- Ursula Gibson Mary Depina, Individually on Behalf of Themselves & All Others Similarly Situated v. Chrysler Corp., Paul Maldonado v. Chrysler Corp., Stephen Depalma, Ursula Gibson Mary Depina, Individually on Behalf of Themselves & All Others Similarly Situated v. Chrysler Corp., Stephen Depalma v. Chrysler Corp. v. Paul Malonando, Chrysler Corp., 261 F.3d 927 (9th Cir. 2001).published(refusing to aggregate punitive damages based on limited holding of Allen)
At page 600 Aggregating punitive damages for diversity jurisdiction3 citing cases“the circuits have not taken a consistent position on this question of whether the punitive damages claimed by multiple plaintiffs can be aggregated, and the entire amount allocated to each plaintiff, for the purpose of determining jurisdictional amount.”
- Martin v. Franklin Capital Corp., 251 F.3d 1284 (10th Cir. 2001).publishedCo., 228 F.3d 1255 , 1264-65 (11th Cir.2000); Ard, 138 F.3d at 600-02; Gilman v. BHC Securities, Inc., 104 F.3d 1418, 1430-31 (2d Cir.1997); see also Anthony v. Security Pac.
v.
Johnson, individually and as natural tutrix of her minor children, Linda Charlene Johnson and Victoria Johnson Louise M. Johnson, individually and as natural tu-trix of her minor children Dwola Johnson and Michael Johnson Minnie Johnson Norwood Johnson Vanessa Johnson, individually and as natural tu-trix of her minor children, Quentin Johnson and Jeffrey Johnson Willie Johnson Doris Jyles, individually and as natural tutrix of her minor children, Derrick Jyles, Yasmine Jyles and La-Quinton Jyles Earnestine Jyles, individually and as natural tutrix of her minor children, Lance Jyles, Jacqueline Jyles and Jacky Jyles Herbert Jyles Joseph Jyles Leverse Jyles, Jr. Ronnie Jyles Sheila Jyles, individually and as natural tutrix of her minor children, Steaven Porter Sheena Porter, Paul Porter and Jessica Porter Sylvia M. Jyles, individually and as natural tutrix of her minor children, Christi Jyles, Walter Jyles, Laquhea Jyles and Jacqtta Jyles Mary Kemp, individually and as natural tutrix of her minor child, Chester Kemp Sonia Kinzey, individually and as natural tutrix of her minor child, Laquita Knox Dorothy Knox, individually and as natural tutrix of her minor children, Felix Knox, Jr., Deborah Ann Knox and Demetria Knox Felix Sr. Knox Marvin Lee, individually and as natural tutor of his minor children, Marvin Lee, Jr. and Shemka Jyles Sherri Lee Belinda London, individually and as natural tutrix of her minor children, Brittney London and Roneca London Fred London, Jr. Joe James London Lillie Rose London Loretta London, individually and as natural tu-trix of her minor child, Tyneshia London James Mack Idell Mason, individually and as natural tutrix of her minor children, Katressa Mason, Heather Mason, Dairius Mason and Nadia Mason Ned Mayberry Mary Mayberry Lois McCartney Leanderous McClendon Annette McClendon, individually and as natural tutrix of her minor children, Leanderous McClendon, Jr., Lakisha McClendon and Temeka McClendon Robert McClendon Patricia McClen-don, individually and as natural tutrix of her minor child, Shanankeia McClen-don Shirley McClendon, individually and as natural tutrix of her minor child, Tyneisha McClendon Vernon McMorris, Jr. Linda K. Patterson, individually and as natural tutrix of her minor children, Tiffany Patterson, Darcell Rheams and Ernest Rheams Derry Mitchell Debbie Porter, individually and as natural tutrix of her minor child, Andra Porter Eli Porter Sarah Porter, Fannie Porter Gary Porter Jerry Porter Mary Porter, individually and as natural tutrix of her minor child, Jerri-ca Porter Thomas J. Porter Jonesnese Porter, individually and as natural tu-trix of her minor children, Maranda Porter, Nzinga Porter, Thomas Porter, Jr., Jarod Porter, Shandron Porter, Ashley Porter and Myran Porter Willie Porter, individually and as natural tutor of his minor children, Kimberly Porter, Jeremiah Porter, Danielle Porter, Nakia Porter and Daniel Porter Robert Reese, individually and as natural tutor of his minor child, Octavia Reese Clara Ringo James Ringo Carolyn Ringo, individually and as natural tutrix of her minor children, Yolanda Ringo and James Ringo, Jr. Mildred Ringo, individually and as natural tutrix of her minor children, Terry Ringo and Tammy Ringo Carrie Robertson, individually and as natural tutrix of her minor child, Jerome Robertson Gertrude Robinson, individually and as natural tutrix of her minor children, Chyneikah Robinson, Candis Robinson, Corie Robinson, Jessica Robinson, Clarence Robinson and Robert Robinson Chaney Robertson, Jr. Bertha Lee Robertson, individually and as natural tutrix of her minor child, Joseph Robertson Ruby Robertson, individually and as natural tutrix of her minor children, Lionel Jyles and Herbert Jyles Vera Robinson, individually and as natural tutrix of her minor child, Allen Robinson Emanuel Ross Melvin Ross Deloris H. Scott, individually and as natural tutrix of her minor child, Joseph Scott Roosevelt Scott Jennifer Scott, individually and as natural tutrix of her minor child, Brianna Scott John E. Scott, individually and as natural tutor of his minor child, John Scott Gus Shropshire Sally Shropshire, individually and as natural tutrix of her minor child, Willie Shropshire Pamela Simmons, individually and as natural tutrix of her minor children, La'Clarence Simmons and D'Trentta Simmons Columbus Small Arizola Spears, individually and as natural tutrix of her minor child, Ashley Spears Wendell C. Stewart, individually and as natural tutor of his minor children, Shanderrecca Stewart and Wendolyn Stewart Gloria Tanner Gloristine T. Tanner Andrea Taylor, individually and as natural tutrix of her minor child, Ashley Taylor Barbara Taylor, individually and as natural tu-trix of her minor children, Sheena Taylor and Shayna Taylor Emmitt Taylor, Jr. Pamela Taylor Martha H. Thompson Melvina Taylor Robert Taylor Harriet Taylor, individually and as natural tutrix of her minor children, Darrick Taylor, Robert Taylor, Jr., and Sharon Taylor Sharon Taylor Bobbie Jean Tillis, individually and as natural tutrix of her minor children, Brikiyok Tillis and Alberta Tillis Lenard Tucker Mit-tie M. Tucker Mary Louise Turner, individually and as natural tutrix of her minor children, Carlos Turner, Lee Turner and Donrico Turner Lylie Bell Wallace Jaron White, individually and as natural tutor of his minor child, Deionte White Yeria C. White, individually and as natural tutrix of her minor children, Jaworsky White and Deyondra White Willie White Lashel Williams, individually and as natural tutrix of her minor children, Christopher Williams and Dowlin Williams Emma Wright S.A. Wright Louise Wright Bessie Wyre, individually and as natural tutrix of her minor children, Clifford Wyre and Ashley Wyre Gerald Wyre Leroy Wyre, individually and as natural tutor of his minor child, Sharoy Wyre Angela H. Wright, individually and as natural tutrix of her minor children, Brady Holmes and Arabia Wright Mattie H. Wyre, individually and as natural tutrix of her minor child, Letisha Pitt Quqquitta Mason, Bobby Jackson Dem-etria Jackson, individually and as natural tutrix of her minor children, Niescha Jackson, Lakesha Jackson, Bobby Jackson, Jr., Latrisa Jackson and Demetrius Jackson Marion Myles Aléisha Myles Mella Williams, individually and as natural tutrix of her minor children, Nicholas Williams and Kendrick Williams Bridget S. Knighten Ora L. Knighten Gloria Collins, individually and on behalf of her husband, Charles Collins, and as natural tutrix of her minor children, Kendra Collins and Kelli Collins v. TRANSCONTINENTAL GAS PIPE LINE CORPORATION
Geraldine Ard and approximately 350 other plaintiffs challenge the district court’s order refusing to remand this case to the state court.’ The district court determined that the § 1332 jurisdictional amount was met by aggregating the punitive damage claims. We reverse and remand for further proceedings consistent with this opinion.
I.
Geraldine Ard initially filed suit against Transcontinental Gas Pipe Line Corporation (Transco) in Louisiana state court for damages she suffered as a result of a natural gas pipeline explosion. The natural gas pipeline was owned and operated by Transco in St. Helena Parish. Approximately 350 individuals, including several minors, permissively joined Ard’s suit as plaintiffs. The Plaintiffs sought both compensatory and punitive damages.' The Plaintiffs submitted affidavits to the state court executed by each individual plaintiff which stipulated that each of then-claims was less than $50,000, and that they[*600] would not attempt to recover an amount in excess of $50,000. In an ex parte order, the state court accepted the stipulations and directed that they were considered binding on each plaintiff.
Transco removed the case to federal district court, asserting jurisdiction based on diversity of citizenship under 28 U.S.C. § 1332. The Plaintiffs moved to remand the case to state court, alleging that the jurisdictional amount was not satisfied due to the state court “stipulations” regarding damages. Transco argued that the punitive damages of all plaintiffs could, be aggregated for purposes of determining the amount in controversy under § 1332. In the alternative, Transco argued that the Plaintiffs’ affidavits limiting their recovery were legally insufficient, or in the further alternative, that at least one plaintiff’s claim exceeded $50,000 and the court was able to exercise supplemental jurisdiction over the remaining claims.
The district court denied the Plaintiffs’ Motion to Remand, on grounds that the punitive damage claims of all Plaintiffs could be aggregated for purposes of determining the amount in controversy. The district court concluded that the aggregated amount exceeded the $50,000 jurisdictional requirement.[1] The district court then certified its interlocutory order denying the motion to remand as suitable for appeal under 28 U.S.C. § 1292(b). On February 12, 1997, this court granted the Plaintiffs’ Petition for Permission to Appeal the interlocutory order.
II.
This court’s jurisdiction derives from the district court’s certification of its interlocutory order denying the motion to remand as suitable for appeal under 28 U.S.C. § 1292(b). Our jurisdiction is therefore limited to the review of the district court’s determination that the plaintiffs’ punitive damage claims can be aggregated for the purpose of determining jurisdictional amount.
A district court’s denial of a motion to remand is reviewed de novo. Vasquez v. Alto Bonito Gravel Plant Corp., 56 F.3d 689, 692 (5th Cir.1995).
Although the Supreme Court has never considered whether punitive damage claims from separate plaintiffs may be aggregated for determinations of jurisdictional amount, it has considered whether claims in general can be aggregated. ¿>ee l4A Wright, Miller and Cooper, Federal Practice and Procedure § 3705 (1985). In Snyder v. Harris, the Court considered “whether separate and distinct claims presented by and for various claimants in a class action may be added together to provide the $10,000 jurisdictional amount in controversy.” 394 U.S. 332, 333, 89 S.Ct. 1053, 1055, 22 L.Ed.2d 319 (1969). The Snyder Court upheld the settled rule that “the separate and distinct claims of two or more plaintiffs cannot be aggregated in order to satisfy the jurisdictional amount requirement.” Id. at 335, 89 S.Ct. at 1056. The Court reaffirmed this principle in later cases. See, e.g., Zahn v. International Paper Co., 414 U.S. 291, 94 S.Ct. 505, 38 L.Ed.2d 511 (1973) (reaffirming Snyder and expanding the nonaggregation rule such that each plaintiff must independently reach the jurisdictional amount).[2]
The circuits have not taken a consistent position on this question of whether the punitive damages claimed by multiple plaintiffs can be aggregated, and the entire amount allocated to each plaintiff, for the purpose of determining jurisdictional amount. The Second Circuit held that punitives may not be aggregated because “the class members’ claims are ‘separate and distinct.’ ” Gilman v. BHC Securities, Inc., 104 F.3d 1418, 1430 (2d Cir.1997)). The Seventh Circuit followed the same reasoning in Anthony v. Security [*601] Pacific Financial Services, 75 F.3d 311 (7th Cir.1996). The panel concluded that “[t]he plaintiffs in this case would have to recover on average at least $47,118.36 in punitive damages to satisfy 28 U.S.C. § 1332.” Id. at 315. It is clear, therefore, that the panel rejected the possibility of aggregating the plaintiffs’ punitive damage claims in order to satisfy the jurisdictional amount requirement.[3]
The Eleventh Circuit reached the opposite result in Tapscott v. MS Dealer Service Corp. 77 F.3d 1353 (11th Cir.1996). In Tapscott, it held that due to the nature of punitive damages under Alabama law and the particular facts at issue, punitive damages were properly aggregated. Id. at 1358-59.
Two panels in our own circuit took different approaches to deciding whether to aggregate punitive damages and reached different results. In Lindsey v. Alabama Telephone Co., the plaintiffs brought a class action under Alabama law against two telephone companies. 576 F.2d 593, 593 (5th Cir.1978). The plaintiff class alleged that the defendants wrongfully collected deposits by threatening to discontinue service, wrongfully discontinued services, and misrepresented their authority to charge deposits. Id. at 593. The panel’s jurisdictional analysis began with a recitation of the Supreme Court rule that the claims of class plaintiffs may not be aggregated to satisfy the jurisdictional amount. Id. at 594 (citing Snyder v. Harris, 394 U.S. 332, 89 S.Ct. 1053, 22 L.Ed.2d 319 (1969)).
The panel then considered the plaintiffs’ claims to see whether the $10,000 jurisdictional amount was met. The plaintiffs claimed $2,000 in compensatory damages. The class sought $1,000,000 in punitive damages so that the total amount claimed was $1,002,000. In holding that the plaintiffs had failed to allege jurisdictional amount, the panel stated “[significantly, the complaint nowhere alleges the number of persons in the class, an allegation that would have permitted the court to ascertain what dollar amount represents the ‘amount in controversy1 for each member of the class.” Id. The panel concluded that the defendant could not show that the class was small enough to result in a division of the damages that would result in each plaintiff meeting the jurisdictional amount, and that the district court therefore had no jurisdiction over the claim. Id.
Lindsey therefore applies Snyder*s reasoning that compensatory damage claims cannot be aggregated for jurisdictional purposes to the context of punitive damage claims.
In Allen v. R & H Oil & Gas Co., 63 F.3d 1326 (5th Cir.1995), this court held that the nature of punitive damages under Mississippi law required that the punitive damage claim of all plaintiffs should be aggregated, and the entire amount allocated to each plaintiff, to determine the jurisdictional amount. In Allen, 512 plaintiffs joined together to assert tort claims in a Mississippi state court against the defendants for damages resulting from an explosion and releáse of toxic fumes. Id. at 1329. The plaintiffs sought both compensatory and punitive damages, but did not allege specific amounts of damages. Id. The action was removed to federal court based on diversity jurisdiction. In finding the requisite jurisdictional amount, the district court “reasoned that the aggregation of the potential punitive damages award was proper, as each plaintiff shared a common and undivided interest in the claim.” Id.
The Allen panel held that under Mississippi law, punitive damages are “fundamentally collective,” the purpose of which is “to protect society by punishing and deterring wrongdoing.” Id. at 1333. The panel further concluded-that in Mississippi, punitive damages are “not compensatory,” and therefore are “individual awards in function only,” and that they are awarded at the judge’s discretion. Id. at 1333. The panel concluded: “because of the collective scope of punitive damages and their nature as individual claims under Mississippi law, we hold that under Mississippi law the amount of such an alleged award is counted against each plain[*602]tiffs required jurisdictional amount.” Id. at 1335.
The Allen panel emphasized, however, that its decision was driven by the peculiar nature of punitive damages under Mississippi state law. In response to a Petition for Rehearing and Suggestion for Rehearing En Banc, the panel stated:
the panel is of the unanimous view that the opinion in this case specifically reflects á result under the Mississippi law of punitive damages and is not to be construed as a comment on any similar case that might arise under the law of any other state.
Allen v. R & H Oil & Gas Co., 70 F.3d 26, 26 (5th Cir.1995). It is therefore clear to us that Allen departs from Lindsey solely because of the peculiar nature of punitive damages under Mississippi law, and does not purport to establish a precedent for aggregation of punitive damage claims asserted under federal law or the law of any other state.
In summary, Lindsey holds that ordinarily the punitive damage claims of multiple plaintiffs may not be aggregated for purposes of determining jurisdictional amount. In Allen, the panel held that due to the peculiar nature of Mississippi law, it was appropriate to aggregate punitive damage claims of multiple plaintiffs and attribute the aggregated amount, to. each individual plaintiff. It is unclear to us what Mississippi law regarding punitive damages drove the Allen panel to depart from Lindsey’s rule, but we find ho principle in Louisiana law regarding the nature of punitive damages that permits us to depart from Lindsey. We therefore hold that in this case, the punitive damage claims of the multiple plaintiffs should not be aggregated, and once aggregated, attributed to each individual plaintiff for determinations of jurisdictional amount.
We therefore disagree with the district court’s conclusion that Plaintiffs’ punitive damage claims can be aggregated for purposes of determining jurisdictional amount. Accordingly, we remand this ease to the ,district court for further proceedings consistent with this opinion.[4]
REVERSED and REMANDED.
This cause of action arose before the new amount in controversy requirement of $75,000 went into effect. Federal Courts Improvement Act of 1996, Pub.L. No. 104-317, 110 Stat. 3847 (1996).
Although it is not important for our analysis, this Circuit has recognized that Zuhra’s holding that each plaintiff must independently satisfy the jurisdictional amount has been overruled due to congressional amendment of 28 U.S.C. § 1367. See In Re Abbott Laboratories, 51 F.3d 524, 529 (5th Cir.1995). Neither this holding nor the premise which underlies it affects our analysis in this case.
For a somewhat analogous treatment of the aggregation question, see Goldberg v. CPC International, Inc., in which the Ninth Circuit held that the attorney’s fees claimed by members of a class action cannot be aggregated for purposes of determining the jurisdictional amount. ’ 678 F.2d 1365, 1367 (9th Cir.1982).
The Appellee1 alsp argues that some of the affidavits Plaintiffs filed purporting to limit each claim to less than the jurisdictional amount were not effective to accomplish this result and therefore the affidavits cannot defeat removal. The district court will have an opportunity to consider this argument on' remand.